Procedures for Entering Executive Session:
Meetings of the School Committee are generally open to the public and
media representatives; however, the committee has the right to convene
in a closed executive session when it meets the following procedural
conditions imposed by state law:
The Committee will first convene in an open session for which due
notice has been given. (As required by law, a minimum of 48 hours
advance notice will be given for any meeting of the School Committee,
except in the case of emergency. See Policy BEDA .)
The Chair, or acting chair, will state the purpose for the executive
session, stating all subjects that may be revealed without compromising
the purpose for which the executive sessionwas called.
A majority of the members must vote to enter the executive session,
with the vote taken by roll call and recorded in the official minutes.
The Chair, or acting chair, will state before entering the executive
session whether thecommittee will reconvene in open session after the
An accurate record of the executive session will be maintained as minutes.
Reasons for Meeting in Executive Session:
State law (MGL 30A:21)
puts specific limitations on the purposes for which executive sessions
may be convened. The School Committee is a public body, and a public
body may enter executive sessions only for the following purposes:
To discuss the reputation, character, physical condition or mental
health, rather than the professional competence, of a single individual
or to discuss the discipline or dismissal of, including the hearing of
charges against, a member of the Committee, a school department
employee, student, or other individual.
Prior written notification of the individual is required, at least
forty-eight hours prior to the proposed executive session. Notification
may be waived upon written agreement of the parties. The individual
involved has the right to be present at such an executive session, has
the right to have counsel or a representative of his/her choosing to be
present for the purpose of advising the individual and not for the
purpose of active participation in the executive session, has the right
to speak in his/her own behalf, and has the right to cause an
independent record to be created of the executive session at the
individual’s expense. An open meeting will be held if the individual
involved so requests.
To conduct strategy sessions in preparation for negotiations with
nonunion personnel or to conduct collective bargaining sessions or
contract negotiations with nonunion personnel.
To discuss strategy with respect to collective bargaining or
litigation if an open meeting might have a detrimental effect on the
bargaining or litigating position of the Committee, and the Chair so
To discuss the deployment of security personnel or devices, or strategies with respect to these.
To investigate charges of criminal misconduct or to consider the filing of criminal complaints.
To consider transactions of real estate, if the Chair declares that
an open meeting might be detrimental to the negotiating position of the
To comply with, or act under the authority of, any general or specific law or federal grant-in- aid requirements.
To consider or interview applicants for employment by a preliminary
screening committee if the Chair declares that an open meeting will have
a detrimental effect in obtaining qualified applicants. However, any
meeting, including meetings of a preliminary screening committee, to
consider and interview applicants who have passed a prior preliminary
screening must be held in open session.
To meet or confer with a mediator with respect to any litigation or public business. (see MGL 233:23C)
The Superintendent and/or his designee will attend all executive
sessions except those which pertain to the Superintendent's employment.
Accurate records of the proceedings conducted in executive session will
be kept and may remain secret only so long as their publication would
defeat the purpose of the session. The committee, or its Chair, will
review executive session minutes for possible declassification at
reasonable intervals and at least once each year. Then the purpose for
which a valid executive session was held has been served, the minutes
shall be disclosed unless one of the exemptions under state law (MGL
warrants continued non-disclosure. Such determination will be announced
at the Committee’s next meeting and the announcement will be included
in the minutes.
Executive session minutes are approved in executive session and are
reviewed for declassification during meetings in executive session. (MGL
Upon request by any individual to inspect or copy the minutes of an
executive session or any portion thereof, the Committee will respond to
the request in 10 days following receipt and will release any such
minutes not covered by a lawful exemption. However, if the Committee has
not yet reviewed the minutes of that Executive Session, the Committee
will perform the review and release the non-exempt minutes, or any
portion thereof, not later than the Committee’s next meeting or 30 days,
whichever occurs first.
Voting in Executive Session:
All votes taken in executive session will be recorded roll call
votes, and will become part of the minutes of executive sessions.
Closed Meeting for Employee Grievance Hearing:
Current contracts negotiated with employee unions require some
grievances filed by an employee to be heard before the appropriate
School Committee as one of the steps in the grievance procedure. The
School Committee has no power to rule on an employee’s grievance.
Personnel matters are confidential, and such grievance hearings are
Region Voted to Approve: 12/07/11
Amherst Voted to Approve:
Pelham Voted to Approve: